1988-12-29 SPMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
YEAR END METING
DECEMBER 29, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
/3. Transfers of Accounts
c74-;----.Znauttilieting -198.Q. funds
5. Resolution regarding Audit of 1987
6.
7.
Approve Bid for Recreation Commission Pick -Up Truck
Vehicle for Building Inspector (T. Classey)
8. Setting Dates for Fleetwood Water System
9. Set Date for Reorganizational Meeting
10. CLOSE MEETING
L
343
The Year End Meeting of the Town Board of the Town of Wappinger was
held on December 29, 1988, at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 7:40 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Dennis Lasowski, Comptroller
This meeting was set by the Supervisor at the regular meeting of
the Town Board on October 3, 1988.
A Resolution for Transfers was placed before the Board for their
consideration. Mrs. Smith reviewed each line item with the
Comptroller, objected to two categories and expressed concern on
another one. The account 00-01-1450.40, $1,601.53 was in regard to
election expenses, contractual, which had already been paid and should
not be included in this resolution. A second item, 00-01-1620.10, in
the amount of $1,600.00, was an amount overexpended in the maintenance
account and according to the Comptroller, it was due to expenses
incurred by hiring a second maintenance man. Mrs. Smith objected to
this item since the part time person was hired without Town Board
authorization. Account #01-07-8020.40, $11,000.00 was for extra
monies for the planner hired by the Planning Board. The Comptroller
informed the Chairman that the account was overdrawn and was told to
make a transfer. Mrs. Smith felt they should stick to the budget
amount when they contracted with the planner; it was her understanding
lipe that were going to use $12,000 from the budget and $12,000 from the
fees they impose. Another question posed by Mrs. Smith was why weren't
they transferring monies into the Engineer's account since his A & B
fund comes to about $52,000 and he has already been paid to date the
sum of $122,945.77 ---how did they manage that. Mr. Lasowski did not
agree with Mrs. Smith's figures and noted that the account was not
overdrawn. He asked to be shown the figures she was reviewing and
they agreed to discuss this at another time.
344
Mrs. Smith would not vote in favor of the resolution since there
were two illegal transactions included which she stated that the
Supervisor should not have allowed. Mr. Valdati also could not
support the resolution as presented since the Comptroller has stated
that at least one item has already been paid without authorization.
The items in question were. 00-01-1450.40, Elections Contractual,
$1,601.53, already paid without an authorized transfer, and
00-01-1620.10, Maintenance personnel, hired without Town Board
authorization, amount of $1,600.00. Mr. Farina stated that he would
abstain since he had just received the information. The resolution
as presented was defeated; the two items Mrs. Smith and Mr. Valdati
objected to were deleted and the resolution was again placed before
the Board.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, bills have been or will be presented to the Town of
Wappinger, and
WHEREAS, these bills will exceed various appropriations,
BE IT RESOLVED,
FROM
A 00-01-1990.40
A 00-01-1315.13
A 00-01-1330.20
A 00-01-1990.40
A 00-01-1110.13
A 00-01-1990.40
A 00-01-1680.20
A 00-01-1990.40
B 01-02-3120.10
B 01-02-3620.20
B 01-01-1990.40
B 01-07-8015.20
B 01-01-1990.40
Seconded by:
Roll Call Vote:
the Town Board approve the following
39.00
320.99
5.10
52.00
900.00
32,500.00
900.00
300.00
800.00
60.00
490.00
15.00
11,000.00
Councilman Reis
5 Ayes 0 Nays
TO
00-01-1010.40
00-01-1315.20
00-01-1315.40
00-01-1330.40
00-01-1620.11
00-01-1110.14
00-01-1320.40
00-01-1680.40
00-04-5010.11
01-02-3120-40
01-02-3620.40
01-05-3620.40
01-07-8015.40
01-07-8020.40
transfers.
39.00
181.99
139.00
5.10
52.00
900.00
32,500.00
900.00
300.00
800.00
60.00
490.00
15.00
11,000.00
Although the item for encumbering funds to pay the 1988 remaining
bills was placed on the Agenda, the Comptroller informed the Board
that the Accountant said they no longer do that, it is now Accounts
Payable for 1988 and these accounts will close on January 15, 1989.
There was some discussion between the Comptroller and the Board
on this procedure. Mr. Valdati requested the Comptroller to write
to the Board explaining this method of handling the 1988 bills which
have not been received to date but are to be paid from the 1988 funds.
345
He also noted that any correspondence from the Accounting Firm
regarding the Accounts Payable for 1988, should be copied to the
Board Members.
Mrs. Paino had previously requested that a resolution regarding the
Audit for 1987 be placed on this Agenda. She explained that at a
previous meeting with the firm currently servicing the Town, Sedore,
O'Sullivan and Letterio, they informed the Board that their fee for
the Audit will increase from $11,000 to $25,000 plus additional work
they will have to do to provide the Town with beginning balances.
They also stated that in addition to the $25,000, another $7,500 will
be charged and she has since received a Letter of Engagement from them
including another $6,250 and $2,400 charge which will bring the total
to a sum of approximately $41,000, instead of the $11,000 they originally
agreed to do the audit for. It was Mrs. Paino's opinion that since
they have been the Accountants for the Town for several years they
should be aware of the work involved to complete the 1987 Audit. It
was mentioned that perhaps the Town should look into another firm and
compare their fee. An interview was set up with a firm from Westchester,
Bennett Keilson and Co. and a proposal was since received from them
indicating that they will perform the 1987 Audit plus additional work
necessary to provide beginning balances at a total cost of $17,000
to $19,000. A work shop meeting was held with them and the Town Board
with the exception of Mr. Valdati who was later apprised of the
discussion by Mrs. Smith. The Board was also informed that this fee
could be reduced if the present accounting firm provides them with
work they have already done for the Town in this regard.
Mrs. Paino moved to rescind the Town's Agreement with the Accounting
firm of Sedore, O'Sullivan and Letterio, due to their inability to
provide servicesto the Town at the contracted amount of $11,000, and
hire the firm of Bennett Keilson & Co. to perform the Audit for 1987
at a total cost of $17,000 to $19,000.
Seconded by: Mr. Reis
Roll Call Vote:
Mr. Farina Nay
Mr. Reis Aye
Mrs. Smith Nay
Mr. Valdati Nay
Mrs. Paino Aye
Motion Defeated
346
Mr. Reis was concerned that the present Accounting Firm should have
increased their fee to such an extent since they have been serving
this administration since they put into office and should have been
aware of the work that was needed.
Mrs. Smith had many problems with hiring a new Accounting Firm; first
of all when they did meet with the present firm they stated that there
were many problems in the bookkeeping, the books were in total disarray,
transfers were not done properly, no controls on the accounting system,
co -mingling accounts, not reconciling checking accounts, etc. It
appears that once it surfaced that there were many problems, the
Supervisor wants to hire a new firm and Mrs. Smith felt something was
being covered up and hidden. She wanted everything brought out in the
open so it is known, then get it cleaned up and working properly. If,
in fact, the Supervisor wanted to save money, why contact a Yorktown
firm through our Yorktown Zoning Administrator and met privately with
them and Mr. Reis without the knowledge of the other members of the
Board. She felt it was done underhanded, however, if it had been
done on the up and up, with the proper participation, she could have
felt differently. As it is now, it's just a way of covering up
things.
Mr. Valdati voted nay for many reasons and one was fiscal responsibil-
ity which is the chief function of the Supervisor. Sedore & O'Sullivan
have been working with the Town for many years in order to allow the
Supervisor to perform this responsibility fully. They brought the
Town out of another disarray in 1985 and he recalled Mrs. Paino
lauding their performance. In order to forestall
they put forth a program to follow for accounting
have provided numerous correspondence to the Town
keeping and cash
etc. to help the
have brought out
further problems
procedures. They
explaining record
receipts, check disbursements, bank reconciliations,
Town stay on the proper line. The state auditors
many problems, weaknesses in internal controls,
books and records do not reconcile with the bank, concern over
integrity of funds, budgetary system not in compliance with State
Law, trial balances and general ledgers improperly kept, improper
bidding procedures, lack of cash control within each fund, Zoning
Administrator's cash records cannot be
firm, he pointed out, handles business
in this County, so they are well aware
the audit sense. To eliminate a watch
tied
many
in appropriately. This
other towns and villages
of fiscal responsibility in
dog at this point and time
347
that is obviously working toward the Town's best interests, hire
a firm that is not local but will also come in well below acceptable
rate in this profession, makes him question the rationale for this
firm to perform this function at a substantially lower rate. It
appears to him that there have problems with the fiscal responsibility
for several years and it is time to rectify them with the highly
professional firm that is familiar with the Town's books.
Mrs. Paino, in voting aye, felt it was the responsibility of this
Town Board to get the best professional help they can get at the
best dollar they can get. The Town Board had a full work shop
meeting with the proposed new firm, so Mrs. Smith's statement is
not true. She met with the firm herself prior to the work shop so
she could tell them what the problems were and what the state auditors
recommended as to areas that required attention. The areas itemized
by Mr. Valdati were ones outlined by the state auditors, not Sedore
and O'Sullivan, so no matter who the auditing company would be they
have to respond to the concerns of the state auditor. There's no
elimination of a watch dog as the ultimate one is the state and it
is their function to go through the books of the municipality being
audited. As for the firm of Bennett Keilson & Co., they are not
some little firm from nowhere with no previous experience; on the
contrary, they are highly professional and serve communities in five
counties, four cities, nineteen villages, ten towns and twenty-three
school districts. She felt that a company that has been with the
Town over a couple of years and knew the status, should not have
presented a low ball figure of $11,000 and turn around a year later
and present a fee for over $41,000 which does not include $3,400 that
has been already been paid, nor does it include an additional $5,500
that has recently been billed to the Town. She introduced this
resolution in the best interests of the taxpayer, although she felt it
would be defeated. She understood the necessity for fiscal respon-
sibility and thus introduced the resolution. Now that this has failed
they do need one to engage the services of a firm to conduct the
audit.
There was a brief discussion between Mrs. Smith and Mrs. Paino
regarding the two accounting firms, also Mrs. Smith had a letter
of confirmation from Sedore and O'Sullivan stating when they were
at the Town Hall working on the audit, contrary to what Mrs. Paino
348
had told her. Mr. Valdati reiterated some of his statements on
fiscal responsibility and claimed that this neglect has caused the
additional fee to be charged by the Accounting Firm. In all of
their correspondence they have signed off with their offer to assist
the Town with anything they need and also an offer of a Letter of
Engagement authorizing them to do the work. This has not been done
so now they are faced with a deficit in spending because they have
exceeded the original figures due to improper financial procedures
of the chief fiscal officer.
Mrs. Paino responded that Sedore and O'Sullivan had indicated that
they would set forth some guidelines to assist the Town which they
have done. After receiving their letter of November 20, 1987, she,
the Comptroller and the Bookkeeper discussed the items that should
be taken care of. This included the general ledger which they all
agreed had been completed, record keeping had been completed (checking
off receipts and check disbursement), they agreed that doing cash
receipts every two weeks was acceptable, they indicated that cash
disbursements were not in the computer and they have been working
on bank reconciliations. They have not provided beginning balances
but are working on it at this time. Her point was that nobody
should assume and be led to believe that they were not keeping on
top of things. There have been many times when Sedore and O'Sullivan
have been scheduled to work with the Comptroller but they have not
shown up. They have not forwarded a Letter of Engagement to Mrs.
Paino and said that they needed it to do this work. The only one
she received was the one for $11,000 which was signed January 21, 1988;
the only other one she has is the one they all have copies of, for
another $25,000 plus an additional $7,500, plus $6,250 plus $2,400.
Mrs. SMith said this was to shape up the general ledger, give them
an opening balance, a trial balance which is the Comptroller's job;
these, she continued are all extra, above and beyond the actual audit
which they have to do before they can audit because of the disarray.
Further discussion ensued between Mrs. Paino, Mrs. Smith and Mr.
Valdati relating to a breakdown of the Accountant's costs and the
two Councilpeople contended that these extra costs were due to the
fact that the work was not being done by our Comptroller or our chief
fiscal officer.
349
Mrs. Paino reiterated during this discussion that the proposed
Accounting Firm handles a vast number of municipalities, and she
had previously mentioned that they did work for Dutchess County.
Mrs. Smith had checked on this and found that they were doing the
hotel taxes which is a small job, due to the fact that he was low
bidder, however, had it been a big job, the Comptroller said he would
not have hired him because they had made a mess of a previous County
job. Mr. Reis commented that she should have checked with the
Wappinger School District who were pleased with the firm. Each
Member interjected their comments on the matter at hand and the
discussion concluded when it was agreed that they get on with the
business of hiring an accounting firm to conduct the 1987 Audit.
MRS. SMITH moved to direct the Supervisor to sign the Letter of
Engagement with the firm of Sedore, O'Sullivan and Letterio.
Seconded by: Mr. Valdati
Roll Call Vote: 3 Ayes Mr. Reis ---Nay Mrs. Paino---Nay
Motion Carried
Mr. Farinahad done most of the listening during the previous
discussion and in voting for this motion, commented that he felt ti
was imprudent to change firms at this time since there seems to be a
cloud over the Town's finances and it could be magnified if they changed
auditors. Due to the comments made tonight, there would always be a
cloud if the other firm was hired. Also, in a Class A Town such as
ours, the Supervisor is the chief fiscal officer under Municipal Law,
the Comptroller is the one who maintains the responsibility under the
direct supervision of the Supervisor; it is his responsibility to see
that his office runs properly.
Two bids were received on a Pickup Truck for the Recreation Commission;
Mr. Holt, Chairman of the Commission recommended that they accept the
bid from Dutchess Dodge in the amount of $11,347.00 with an additional
charge of $400 to paint the truck green; the bid from Freedom Ford,
was for a total amount of $12,027.00.
Mr. Farina differed with Mr. Holt's recommendation to accept the lower
bid from Dutchess Dodge plus the extra $400 for repainting. He felt
a repaint job would be a waste of money and not a durable process,
based on his own experience.
MR. FARINA moved to accept the bid from Dutchess Dodge as low bidder,
in the amount of $11,347.00, without the repaint job.
Seconded by Mrs. Smith Motion Unanimously Carried
350
A request from the Building Inspector to go to bid for a vehicle
was previously discussed at a work shop meeting and at that time
he was directed to provide the Board with specifications for the
vehicle that his job required. He was present with information on
specs received today and informed the Board that according to State
Bid information, a Ranger 4 x 4 pickup, would cost $8,723 plus
additional cost for six cylinder, cap and extended cab, to total
cost of $10,253. He had also priced a Bronco II, six cylinder, cost
$14,398. Mr. Reis voiced his opinion that he would rather see the
Town purchase a more functional truck.
MR. REIS moved to authorize Mr. Classey to go out to bid on a
multi-purpose 1988 or 1989 vehicle and advertise in the Southern
Dutchess News and the Poughkeepsie Journal.
Seconded by: Mrs. Paino
Roll Call Vote: 3 Ayes Mr. Farina ---Nay Mrs. Smith ---Nay
The following resolution
its adoption:
was
offered by SUPERVISOR PAINO who moved
WHEREAS, the Town Board met with the Engineer to the Town in
Workshop Session on December 22, 1988, and
WHEREAS, the Engineer to the Town indicated that the Dutchess
County Department of Health was insisting that certain improvements
be made to the Fleetwood Water District in the Town of Wappinger in
order to insure the public health and safety, and
WHEREAS, the Health Department has indicated that the Fleetwood
Water District may be in violation of the New York State Sanitary Code,
and
WHEREAS, It is necessary in order to preserve the welfare and
safety of the users of the Fleetwood Water District that certain
repairs and actions be taken immediately, and
WHEREAS, because of the foregoing the Town Board does hereby
authorize the Engineer to the Town to proceed immediately with the
installation of new water storage tanks in the Fleetwood Water
District with a target date for completion to be April 30, 1989,
and
BE IT FURTHER RESOLVED that the Engineer to the
to proceed with the restoration of the wells and the
of a new service panel, with the target date for the
this work to be SEptember 30, 1989, and
BE IT FURTHER RESOLVED that
authorized to indicate the above
Department as the intent of this
Town is directed
installation
completion of
the Engineer to the Town is
target date to the Health
Board, and
BE IT FURTHER RESOLVED that this situation is deemed to be an
emergency situation pursuant to the General Municipal Law provisions
with respect to public bidding.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
WHEREAS, the Town Board previously authorized the Town
Supervisor to enter into a Contract for the purchase of the
Wappinger Park Homes, Inc. Water Compnay, and
WHEREAS, the purchase price of said Water Company is Sixty -
Four Thousand ($64,000.00) Dollars, and
WHEREAS, until the Wappinger Park Water District is able to
place a Bond to cover the cost of acquisition and improvements to
be made, it is in need of a loan of funds from the General Fund
of the Town, and
WHEREAS, the Town Comptroller has advised the Board that there
is sufficient fund balance in the General Fund for the A Fund to
cover theloan of these funds,
NOW, THEREFORE, BE IT RESOLVED, that the Supervisor and Town
Comptroller be and hereby are authorized to loan a sum not to
exceed Seventy Thousand ($70,000.00) Dollars from the General
Fund A Fund balance to the Wappinger Park Water District, and
BE IT FURTHER RESOLVED that said Seventy Thousand ($70,000.00)
Dollars shall be used to pay the purchase price of Sixty -Four
Thousand ($64,000.00) Dollars, the various closing costs and
adjustments of approximately One Thousand ($1,000.00) Dollars,
and the well tests bills, etc., which have been submitted which
are a charge against this District, and
BE IT FURTHER RESOLVED that this money shall be repaid by the
Wappinger Park Water District as soon as the Bond Anticipation Note
can be placed and the funds shall be repaid to the A Fund.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
The Reorganizational Meeting for 1989 was set for January 2, 1989
at 7:30 P.M. at the Town Hall.
There was no other business to come before the Board.
MRS. PAINO moved to close the meeting, seconded by Mr. Farina and
unanimously carried.
The meeting closed at 8:53 P.M.
Year End Mtg. 12/29/88
a
aine H. Snowden
Town Clerk
SA41,,k,
351